Revolutionary War Pension and Bounty Land Warrant Application File S. 13,125, Benjamin Gauss, New York

SERVICE
NUMBER
New York
Gauss, Benjamin
8/3/25
carded
CONTENTS

Let to Hon. Saml. G. Hughes March 4, 1838 Let. to Hon. Mr. H. G. Sibley, March 26, 1838.
14867 New York
Benjamin Saub of Bloomfield in the State of New York who was a Private in the Company commanded by Captain of the Regt comd. by Col. Brillet in the New York line for 2 Years
Inscribed on the Roll of New York at the rate of 80 Dollars per ann per ann to commence on the 4th day of March, 1831.
Certificate of Pension issued the 28 day of July 1833 and sent to Beals Canandaigua N.Y.
Arrears to the 4th of Mar '33 - $160 Semi-ant. allowance ending 4 Sep '33 40 $ 200.00
{ Revolutionary Claims { Act June 7, 1832
Recorded by Ingraham Cle Book Eq Vol. 4 Page 57

State of New York Ontario County
In the matter of Benjamin Gaup applications for pensions
Personally appeared before me the undersigned a Notary public in and for said county Benjamin Gaup who being duly sworn according to law deposes and saith, that when he made his application for a pension before the County Court on the 27 th August 1832 under the act of June 1832, he supposed he had complied with the rule of the War Department, but is now informed by his agent that he must give a reason for not having a clergyman to support his applications, and that a further objection to his claim was, that as he served in the New York line his case was suspended until the Department should receive the Rolls from the State of New York, and further that the clerk of the Court had omitted to certify the official character and signature of the magistrate who took the affidavit of his witness - He having now information that the New York Rolls are received, he amends his declaration as aforesaid, and says that the reason he had no clergyman was, that the Pastor of the church in East Bloomfield, of which this declarant is a member, is a young man recently settled, and he did not ask him to appear for him, as he has no knowledge of his services during the Revolutionary War -
He served as under his first head in 1781 not less than nine months, and under his second head he served from January 1782 to the 6 th day of January 1784 when he was discharged at Schenectady, as set forth in his declaration to which this is an amendment -
He served not less than two years and nine months as a private soldier for which he claims a pension -
Sworn to and subscribed this 28 day of March 1833 before me -
Benjamin Gaup
Morris Pratt Not. Pub
[Signature]

State of New-York, Ontario County ss. }
I, Charles Crane, Clerk of said County, do hereby certify, that Thomas Beals, whose name is subscribed to the within certificate, was, at the date thereof, a Notary Public in and for said county; and that I am well acquainted with his hand writing, and verily believe the said signature to be his proper act and deed.
In testimony whereof, I have hereunto set my hand and seal of office, this twenty ninth day of March A.D. 1833.
Charles Crane

State of New York } Ontario County } ss:
On this twenty seventh day of August 1832 personally appeared in open court before the Judges of the County Court now sitting, Benjamin Gaus a resident of the town of Bloomfield in said County aged sixty seven years, who being first duly sworn according to Law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832
That he entered the service of the United States under the following named Officers as here in stated.
1 st At the town of Claverick in the State of New York in April 1781 was mustered in Captain M c Kains Company in Colonel Willetts Regiment and was first marched to Schenectady and then to Canajoharie Schoharie German Flatts and other places on the Mohawk River, was in the Battle with the Indians at Farlock at which battle Captain M c Kain was killed. this was in June 1781 He served out the full term of nine months the time he entered for. 2 d On or about the 1 st January 1782 at Ballstown in Saratoga County He enlisted for three years in Captain Cannons Company Colonel Regiment and about the 1 st May was marched to Fort Herkimer and was employed in building breast works and doing camp duty - was afterwards at Fort Plain in the same Company and there had the small Pox. In the winter of 1783 was in a detachment sent out to procure Sleighs to transport the public Stores on the expedition against the Fort at Oswego and on or about the 8 th February began the march to Oswego, and having approached near the Fort the expedition failed and was marched back to Oneida Lake - during this expedition had his toes frozen and has ever since been disabled, but continued in the service and was a waiter in his Company.

and in the fall of that year returned to Schenectady and was discharged on the 6 th January 1784. He received a discharge which he thinks was signed by his Captain which Certificate entitled him to Land from the State of New York and which Certificate he sold more than forty years ago to a man named Patterson who lived in Albany for thirty dollars. While at Fort Plain saw General Washington. Has no documentary evidence excepting the Affidavit of Nathan Delano hereto attached and the testimony of John Adams of Bloomfield who knows his service in the Revolutionary war, and Abner Adams also of Bloomfield. He was born at nine Partners in the State of New York on the 12 th day of May 1765. Had no record of his age. Was living in Alford County of Berkshire and State of Massachusetts, when called into service and was a volunteer. He hereby relinquishes every claim whatever to a Pension or annuity except the present and declares that his name is not on the Pension Roll of the agency of any State. Has lived in Bloomfield more than forty two years, where he now resides.
Sworn and Subscribed the day and year aforesaid in open Court.
Benjamin Gause
We John Adams & Abner Adams of the town of Bloomfield in the County of Ontario and State of New York, hereby certify that we are well acquainted with Benjamin Gause, who has subscribed and sworn to the above declaration, that we believe him to be sixty seven years of age, that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion.
Sworn and Subscribed the day and year aforesaid in open Court.
John Adams
Abner Adams

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War department, that the above named applicant was a Revolutionary soldier, and served as he states. And the Court further certifies that it appears to them that John Adams and Abner Adams, who have signed the preceding certificate, are both residents of the town of Bloomfield, are credible persons, and that their statement is entitled to credit.
I, Charles Crane, Clerk of the said Court, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Benjamin Foss for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this first day of September A. D. 1832.
Charles Crane.

State of New York Ontario County To Mr. Nathan Delano of the town of Howard in the county of Steuben in the State of New York doth depose and say that he this Deponent is well acquainted with Benjamin Gump of the town of Bloomfield in the said County of Ontario and State of New York, that he this Deponent first became acquainted with the said Benjamin Gump in the month of June in the year of our Lord one thousand seven hundred & eighty one in the army of the Rev- -olution, that the said Benjamin Gump then was serving in the said month of June 178 as a private in Captain James Cannon's Com- -pany in Colonel Marinus (Willett's) Regiment in the State Troops of the State of New York in the Revolutionary Service and this Deponent further saith that the said Benjamin Gump continued to serve as such private as aforesaid in the said Company & Regiment until he was discharged at the close of the war in the month of January in the year of our Lord one thousand eight seven hundred & eighty four. And this Deponent further saith that during the period of the service of the said Benjamin Gump as aforesaid the said Deponent served in the same Regiment at most at the time of the same company with him and thus became acquainted with the facts above set forth. And further this Deponent saith not.
Nathan Delano
I certify that on the eleventh day of July A.D. 1881 before me Mr. Benjamin one of the justices of the Peace in & for the said county of Ontario & State of New York personally appeared Nathan Delano and subscribed & made oath to the foregoing affidavit.
Mr. Benjamin

State of New-York } Ontario County ss. }
I, Charles Crane, Clerk of said County, do hereby certify that Orson Benjamin, whose name is subscribed to the within certificate, was, at the date thereof, a Justice of the Peace in and for said County and that I am well acquainted with his handwriting, and verily believe the said signature to be his proper act and deed.
In testimony whereof, I have hereunto subscribed my name and affixed my seal of office, this twenty ninth day of March A. D. 1833.
Charles Crane.
Thomas Beals
Agent
andargua
com d
2 years fri
500
224 Benjamin Francis

N o 9224 Benjamin Gaus
admiral
14. 14 1/2 16
Wart. Prof.
11. Dec
P. 146.
Thos Beals Canandaigua N.Y.

BRIEF in the case of Benjamin Gaus of Bloomfield in the State of N. York (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? in open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Sixty Seven years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     April In 1781 9 Private Col. Willett   Jan'y 1782 3 " Ditto" — discharged on the 6 th Jan'y 1784  
 5. In what battles was he engaged? at Saratoga with the Indians  6. Where did he reside when he entered the service? Claverick — New York  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional and living evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? The papers are correct, with the exception of the Affidavit of the living witness the Magistrate's authority not being certified by the Clerk of the Court 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Wm Gordon Examining Clerk.

I 13,125
L. 1. 2. OW
January 14, 1887.
Sir:
Replying to your request for information concerning the military record of Benjamin Cause, a soldier of the Revolutionary War, you are advised that Benjamin Cause made an application for pension on August 27, 1838, at which time he was 87 years of age and residing at Bloomfield, N. Y., and his pension was allowed for two years' actual service as a private in the New York troops, Revolutionary War; a part of the time he served under Capt. Cannon and Col. Willett. He enlisted at Claverack, N. Y.
Very respectfully,
Commissioner.
M. Lewis Hasbrouck Sauter, Van Buren, Mass.

"The Maples", van Dusen, Berkshire County, Massachusetts.
D. S. Murphy, Esq., Commissioner of Pensions, Washington, District of Columbia.
My dear Sir:-
Your letter of December 30 th received, and I regret very much that there must be more of a delay, owing to the insufficient number of clerks, in sending me the desired information, as it will be a great disadvantage  to me . I shall appreciate it fully if you will have my three applications attended to at once, that is, at the same time. Ephraim Doss was of Massachusetts, and Benjamin Doss and Ephraim Doss were of New York and I am positive that they or their families were Revolutionary pensioners ,

The application for Ephraim Doss was sent earlier than the other but I need official proof, it is unfortunate that all record offices have not special clerks to furnish such information for a regular fee. I have influence in the War Department & I must say if I have in the Interior Department.
Thanking you for your letter,
I am, Sirs, Very Truly,
Louis Habronet Pablos
January 4th, 1897.
OLD WAR & NAVY JAN 7 1897

Van Dusen, Berkshire County, Massachusetts.
December 28 th , 1896.
Commissioner of Pensions, Washington, D.C.,
My dear Sir:—
Several weeks ago I
wrote you about the pension of Ephraim Doss, a Revolutionary soldier and after some weeks I received a blank to fill out, which I returned at once, but I have not heard anything since, and the delay has quite inconvenienced me. I also wish to find out about the pensions of Ephraim Doss and Benjamin Doss. I am positive that Ephraim Doss and Benjamin Doss were pensioners, or that their families, me but wish official information, and I think Ephraim Doss was also. In early another will be fully appreciated, as a further delay will

inconvenience still more.
Yours, very truly,
Louis Casbonet D. Pahler.

and over
Perham
13125 INVALID.
File No. 13125
ry ick
Benjamin Farns Pris. Rev. War.
mass 1.13.
Act: June 1 st 82
Index: Vol. 1 , Page 138
[Arrangement of 1870.]
Aug 27 '96 p. p. examined by Mr. Aspinwall 3rd of Rev. War. 13125
Jan. 14. 1897 Histo to Mr. Louis Hasbrouck Schuler.
Van Deusen, L. J.

Benjn Gaus 9 mo 1781 - under Capt. McKeen Col. Willett " " - from 1 Jan 82 to 6 Jan 84 Capt. Cannon Col. Willett -
See Vol 2 p 42. Capt Cannon $80 - 1 years 1782 - The rules of Capt McKeen. Harpans not an instructor

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Benjamin Gaus which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Has not obtained the evidence of a clergyman but has adduced the testimony of two credible persons XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? None XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? Has no documentary evidence — adduces the testimony of one living witness — XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? NO Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? NO XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes XVI. ‡ Are the papers authenticated as the regulations direct? NO XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? The Court certify that the interrogatories were put to the applicant
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension.”

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.